CDH Conversations

Imraan Mahomed led the discussion with JJ van der Walt on the expected, yet rather uncertain, impact of the imminent promulgation of the EEA amendments and the recently published draft regulations proposing eighteen economic sectors and numerical targets determined by the Minister. Imraan highlights the need to understand the newly constituted risks, and the everlasting need to remain cognisant of the difference between quotas and numerical targets, since with Ministerial determination and legal enforcement of compliance, numerical targets may, in certain circumstances, constitute quotas, which are unlawful. Employers and interested parties must seriously consider actively participating in the process and submit submissions, especially considering the absence of transitional arrangements, amongst other glaring oversights and uncertainties.

This is the first episode of a series of short podcasts where our Employment Law experts unpack the implications of the recent Employment Equity Amendments on employers. This episode features Practice Head Aadil Patel and Professional Support Lawyer Nadeem Mahomed.

A lot of discourse within employment circles in Kenya has been about strikes. However, very little has been said about the right of employers to lock out employees. CDH Partner Desmond Odhiambo and Trainee Advocate, Kevin Kipchirchir provide expert insights into what a lock out is, the parameters of declaring a lockout, and the process of declaring one. They also unpack the use of replacement labour which though not developed within Kenyan jurisprudence, has been aptly elaborated in South Africa.

This month Njeri Wagacha talks to John Ngumi, Executive Director at Eagle Africa Capital Partners Limited. John speaks about his illustrious career in investment banking, setting up the first investment advisory business in Africa, his role as the Chair of Kenya Pipeline Company (KPC) and Safaricom, and his view on investing in Kenya and Africa.

This conversation forms part of the CDH Women in Law podcast series, where several members of our firm will discuss the importance of women's empowerment and highlight CDH's dedication to this cause.

Recently the labour court handed down a judgment in which it had to consider whether dismissal for insubordination was an appropriate sanction for employees who refused to obey an instruction to work overtime. The case raised important questions relating to overtime and highlighted an important aspect of section 10 of the BCEA.

Employment Law experts Director Fiona Leppan and Associate Kgodisho Phashe, joined CDH Conversations to discuss the recent judgement.

In celebration of International Women’s Day, CDH held a high tea event hosted at the Capital Club in Nairobi, where CDH Kenya Partner, Njeri Wagacha hosted a panel discussion with Sienna Dutkowski of Lady Askari, Freda Rutere, Real Estate Development Manager, and Nonnie Burbidge, Venture Partner at Zephyr Capital and the co-founder and CEO of SideChic KE and Try Cooked.

The panel is an example of a new generation of women learning to carve out their careers, manoeuvre the business world and own their own stories. Together with an audience of women, these powerful women unpacked their perspectives in their varying fields of work, as mothers, and how the celebration of International Women's Day resonates with them.

Join Boipelo Mathodlana, Senior HR Business Partner - Talent Development, and Gift Xaba, Senior Associate in the Pro Bono & Human Rights practice in conversation with Book iBhoni's Mpumi Mtintso. They discuss the value of human rights and why it is important for organisations and members of society as agents for social change to promote and protect our human rights through active citizenry and contributing to social empowerment initiatives.

Book iBhoni is an NPO and will be hosting their annual Tour De Libraries on 15 April 2023, in Soweto, delivering books to various libraries, giving children access to books and education. The initiative is based on and anchored by the values of social empowerment and active citizenry which are aligned to the values of our Pro Bono & Human Rights practice and the firm. The initiative uses the themes of Human Rights month (March) and Freedom Month (April) as a backdrop to contextualise and guide its activities and efforts.

In the first episode of this three-part series focused on dispute resolution within the construction and engineering sectors, Clive Rumsey, Director and Head of the Construction & Engineering sector, and Associate Sethu Khumalo discuss adjudication as a form of dispute resolution from both a legal and practical perspective to provide listeners with an overview of what they should expect from an adjudication clause in a contract.

On 19 January 2023, the Cabinet Secretary for the National Treasury and Economic Planning made The Income Tax (Financial Derivatives) Regulations, 2023. These Regulations are intended to provide a taxation framework for gains made from financial derivatives traded in Kenya. With the introduction of these Regulations, multiple questions have risen regarding the nature of financial derivatives that befall the taxman's scope. CDH Kenya Partners, Alex Kanyi and Martha Mbugua provide some clarity on the taxation of gains from financial derivatives in Kenya and the implications to taxpayers.